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Tag Archives: Judge Michael F. Urbanski

Lacking special expertise, expert could opine on design defect (access required)

A metallurgical engineering expert’s lack of specific expertise in firearms did not preclude his testimony that the defendant’s choice of steel caused the plaintiff’s firearm to malfunction because any objections to the expert’s conclusions could be challenged on cross-examination. Background ...

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Jury may hear about decedent’s pain and suffering (access required)

A jury is poised to hear potentially powerful evidence about the decedent’s death and her minor children’s observation of that scene. Such testimony, a court ruled, may enable the jury to estimate the mental anguish of the beneficiaries. Background Defendants ...

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Ex-student’s claims against Virginia Tech, officials largely dismissed (access required)

The former student from China on an F-1 visa alleged Virginia Tech and two employees violated his rights by notifying Homeland Security when he dropped below the number of credit hours needed to maintain full-time status and by convening a ...

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Photographer’s copyright infringement claims survive motion to dismiss (access required)

The owner of a company argued she could not be held liable for alleged copyright infringement because the allegedly infringing actions were committed by her limited liability company. The court held, however, that the plaintiff pleaded sufficient facts to plausibly ...

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Government can photograph ‘visible’ tattoos (access required)

The government could photograph “immediately visible” tattoos on the defendants’ heads, faces, necks, arms and hands – for the purpose of presenting these photos at trial as evidence of gang affiliation – but could not photograph tattoos beyond these “openly ...

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Focus on diet was not deliberate indifference to diabetic (access required)

Although an inmate experienced serious, but short-lived, harm, a doctor’s decision to monitor the inmate’s diabetes and to treat it with diet, rather than medication, did not evidence deliberate indifference to the man’s medical needs.. Background Carey Hixson, an insulin-dependent ...

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Exhibits can’t be substituted after summary judgment (access required)

After the defendant’s motion for summary judgment was granted, the plaintiff was barred from substituting exhibits she erroneously submitted to the trial court. Substitution is permitted only if the error resulted in omission in the appellate record of material reviewed ...

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Owner of LLC faces liability for alleged infringement (access required)

The court held the complaint stated a plausible claim for individual liability against the sole owner of an LLC because it alleged, “upon information and belief” that she engaged in conduct sufficient to impose liability. Background Plaintiff is a photographer ...

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